Estate Documents Decoded: What Executors Actually Need to Know

You’ve been named executor. Maybe the news came with grief, or maybe you knew it was coming. Either way, you’re now staring at a stack of legal paperwork–and none of it makes sense.

Letters Testamentary. Petition for Probate. Inventory of Assets. Death certificates (how many do you even need?). These documents feel like they were written in a foreign language, and getting them wrong means delays, frustrated beneficiaries, and sleepless nights wondering if you missed something important.

Here’s what most guides won’t tell you: understanding these documents isn’t about memorizing legal definitions. It’s about knowing what each one actually does for you as executor–what doors it opens, what problems it solves, and when you’ll need it.

This guide breaks down every document you’ll encounter during probate. Not just what they are, but what they mean for you. (For a broader overview of the executor role, see our guide on the first steps as an executor.)

The Documents You’ll Receive from the Court

Some documents you won’t have to hunt for–the court issues them to you. These are the documents that give you legal authority to act on behalf of the estate.

Letters Testamentary: The Document That Makes Banks Listen to You

What it is: Letters Testamentary is an official court document that proves you have the legal authority to act on behalf of the estate. Think of it as your executor license.

What it actually means for you: Before you have Letters Testamentary, you’re just someone claiming to be the executor. Banks won’t talk to you. Insurance companies will ask you to call back later. Financial institutions will politely (or not so politely) refuse to give you any information about the deceased’s accounts.

Once you have Letters Testamentary in hand, everything changes. This single document transforms you from an outsider into someone with legal standing. You can:

Access and close bank accounts
Transfer or sell vehicles
Collect life insurance proceeds
File insurance claims
Redirect mail
Access safe deposit boxes
Manage investment accounts

The common confusion: “Why does every single institution ask for this?” Because without it, they could be handing estate assets to someone with no legal authority–and they’d be liable. Expect to provide certified copies to every bank, insurance company, and financial institution you deal with. Order at least 5-10 certified copies from the court.

What if you don’t have one yet? You’ll need to petition the probate court. This typically involves filing the original will, a death certificate, and a petition for probate. The court reviews the will, confirms its validity, and officially appoints you as executor. Timeline varies by state, but expect 2-4 weeks minimum.

Letters of Administration vs. Letters Testamentary: If the person died without a will (intestate), the court issues Letters of Administration instead. They serve the same purpose–authorizing you to manage the estate–but the court determines who gets them based on state law (typically surviving spouse, then adult children, then other relatives).

Death Certificates: Why You Need More Than You Think

What it is: An official government document certifying that someone has died, including the date, location, and cause of death.

What it actually means for you: The death certificate is your proof that the person has passed. Every institution you contact will require one before they’ll do anything. And here’s the catch–many won’t return it.

Why you need 10-15 copies: This isn’t an exaggeration. Here’s a partial list of who will ask for a certified death certificate:

The probate court (to file for Letters Testamentary)
Each bank (often kept on file, not returned)
Each investment firm
Life insurance companies
Social Security Administration
Pension or retirement plan administrators
The DMV (to transfer vehicle titles)
Credit card companies
Mortgage lenders
Utility companies
Health insurance providers

Some institutions accept copies. Many don’t. Rather than waiting weeks to get more certificates when you run out, order plenty upfront. At $10-25 per certified copy (depending on state), it’s a worthwhile investment.

Certified vs. informational copies: A certified copy has an official seal or stamp from the vital records office. An informational copy is just a printout–no official status. Banks, courts, and insurance companies require certified copies. The informational copies are essentially useless for executor duties.

How to order more: Contact the vital records office in the county or state where the person died. Many states now offer online ordering. Processing typically takes 1-3 weeks, so order extras early.

The Documents You’ll Need to Find

These are the documents the deceased (or their attorney) should have kept. Your job is to locate them.

The Will and Any Codicils

What it is: The will is the legal document that specifies who inherits what, names the executor, and may include instructions for guardianship of minor children.

What it actually means for you: The will is your roadmap. It tells you who gets what, in what proportions, and sometimes under what conditions. But more immediately, you need the original to file for probate.

Original vs. copy–why it matters: Courts require the original will to open probate. A photocopy raises questions: Is this the most recent version? Did the deceased destroy the original (revoking it)? Was it altered? Some states will accept a copy if you can prove the original was lost or destroyed, but this requires additional court proceedings and delays.

What to look for in the will:

Who is named executor (and any alternates)
Specific bequests (individual items left to specific people)
Residuary clause (who gets everything else)
Guardian nominations for minor children
Trust provisions (does the will create a trust?)
Special instructions (burial wishes, charitable gifts)

What if you can’t find the original? Check these locations:

The deceased’s home (filing cabinet, safe, desk)
Safe deposit box at their bank
The attorney who drafted it
The local probate court (some people file wills for safekeeping)

If the original can’t be found, you may need to petition the court to accept a copy, which requires proving the original wasn’t intentionally destroyed. This typically means witnesses, attorney testimony, or other evidence.

Codicils–amendments you need to know about: A codicil is a legal amendment to a will. It might change who gets a specific item, update the executor, or modify bequests. Codicils must be executed with the same formality as the original will. Look for any documents labeled “Codicil” or “Amendment to Last Will and Testament.”

Trust Documents

What they are: A trust is a legal arrangement where one person (the trustee) holds assets for the benefit of another (the beneficiary). Trusts can be revocable (changeable during lifetime) or irrevocable (permanent).

What they actually mean for you: Assets held in a trust typically bypass probate entirely. The trustee (who may or may not be you) manages those assets according to the trust document, not the will. This means:

You may have less to manage as executor
Trust assets transfer faster (no court involvement)
Different rules apply to trust vs. probate assets

When the will and trust conflict: If the will says “my house goes to my daughter” but the house is titled in a trust that says “the house goes to my son,” the trust usually wins. Trust assets are distributed according to the trust document, regardless of what the will says.

What executors need from trust documents:

Confirmation of which assets are in the trust
Names of trustees and successor trustees
Understanding of how trust assets interact with probate assets
Coordination with the trustee (if it’s a different person)

Financial Account Statements

What they are: Bank statements, investment account statements, retirement account statements, and records of any financial accounts the deceased held.

What they actually mean for you: These documents tell you what exists and how much is there. You’ll need them to:

Create the estate inventory (required by the court)
Identify accounts that need to be closed or transferred
Determine if accounts have named beneficiaries (bypassing probate)
Ensure no accounts are missed

What you’re looking for:

Account numbers and institution names
Current balances
Whether accounts have named beneficiaries or are payable-on-death (POD)
Whether accounts are jointly held
Any outstanding loans or lines of credit

How far back to gather: At minimum, get statements from the date of death. For tax purposes and to track recent activity, gather 6-12 months of statements if possible.

Digital accounts–a modern challenge: Today’s estates often include online banking, cryptocurrency, PayPal, Venmo, and investment apps. Check email for account notifications. Look for password managers. Review credit card statements for recurring charges that hint at accounts.

Property Deeds and Titles

What they are: Deeds document ownership of real estate. Titles document ownership of vehicles, boats, and other registered property.

What they actually mean for you: You can’t transfer property you can’t prove the estate owns. Deeds and titles establish that ownership and enable transfer to beneficiaries or sale.

Real estate deeds–what you need to know:

How is the property titled? Sole ownership, joint tenancy, or tenancy in common?
Joint tenancy with right of survivorship passes automatically to the surviving owner–no probate needed
Sole ownership or tenancy in common requires probate to transfer

Vehicle titles–transfer requirements: Each state has different rules, but you’ll typically need:

The title (signed if possible)
A certified death certificate
Letters Testamentary
A new title application

What if the deed or title is missing? For real estate, contact the county recorder’s office–they have copies of all recorded deeds. For vehicles, contact your state’s DMV for a duplicate title (expect to provide proof of your executor authority).

Insurance Policies

What they are: Life insurance policies, property insurance (homeowners, auto), and any other insurance policies the deceased held.

What they actually mean for you:

Life insurance: Life insurance with a named beneficiary typically bypasses probate entirely. The beneficiary files a claim directly with the insurance company and receives proceeds without court involvement. However, if the estate is named as beneficiary, or if no beneficiary is named, the proceeds become part of the probate estate.

Property insurance: You need to maintain insurance coverage on estate property until it’s distributed or sold. If the house burns down or gets burglarized before you transfer it, the estate bears the loss unless coverage is in place. Contact the insurance company to confirm the estate is added as an insured party.

What information executors need:

Policy numbers
Insurance company contact information
Named beneficiaries
Coverage amounts
Premium due dates (to keep policies active)

The Documents You’ll Create

Some documents don’t exist until you create them. These are your records of managing the estate.

Asset Inventory

What it is: A comprehensive list of everything the deceased owned at the time of death, along with estimated values.

What it actually means for you: Most states require you to file an inventory with the probate court within 30-90 days of your appointment. This isn’t optional–it’s a legal requirement that protects beneficiaries and creditors.

What it includes:

Real estate (with appraised or estimated values)
Bank accounts (balances as of date of death)
Investment accounts
Retirement accounts
Vehicles
Valuable personal property (jewelry, art, collectibles)
Business interests
Money owed to the deceased

Why accuracy matters: The inventory becomes a legal record. Beneficiaries can review it. Courts can scrutinize it. If you miss an asset or undervalue something significantly, you could face questions about your management of the estate–or worse, personal liability.

How to document values: For bank and investment accounts, use the date-of-death balance. For real estate and valuable personal property, consider getting professional appraisals. For everyday items, reasonable estimates suffice.

Creditor Notices

What they are: Official notifications to creditors that the person has died and that claims against the estate must be submitted within a certain timeframe.

What they actually mean for you: You’re responsible for paying the deceased’s legitimate debts from estate assets. Creditor notices start the clock on how long creditors have to file claims–typically 3-6 months, depending on state law.

Who you need to notify:

Known creditors (anyone you know the deceased owed money to)
Unknown creditors (via published notice in a local newspaper)

Published notice vs. direct notice: Most states require both. You’ll send letters to known creditors (mortgage company, credit cards, medical providers) and publish a notice in a local newspaper to catch any creditors you don’t know about.

Timeline requirements: States have specific deadlines for publishing notices and timeframes for creditors to respond. Missing these deadlines can leave you personally liable for debts you should have addressed.

Final Tax Returns

What they are: The tax returns you may need to file on behalf of the deceased and the estate.

What they actually mean for you: There are potentially multiple returns to file:

Form 1040 (Individual Income Tax Return): Covers the deceased’s income from January 1 until the date of death. Due April 15 of the following year.

Form 1041 (Fiduciary Income Tax Return): If the estate earns income during administration (interest, dividends, rent), you may need to file this return for the estate itself.

Form 706 (Estate Tax Return): Required only if the estate exceeds the federal estate tax exemption ($12.92 million in 2023, adjusted annually). Most estates don’t need this.

State returns: Many states have their own income tax and estate/inheritance tax requirements.

When to get professional help: If the estate is large, complex, or involves business interests, hire a CPA or tax attorney. The cost is paid from estate assets, and the expertise can prevent costly mistakes.

Document Mistakes That Delay Estates

Knowing what can go wrong helps you avoid the most common pitfalls.

Using Copies Instead of Originals

Many executors don’t realize how inflexible institutions can be about original documents. A photocopy of the will won’t open probate. A printed death certificate isn’t the same as a certified one. When in doubt, bring originals or certified copies.

Not Ordering Enough Death Certificates

Running out of death certificates mid-process means waiting weeks for more while everything stalls. Order 10-15 certified copies from the start. The cost is minor compared to the delay.

Missing the Inventory Deadline

States set deadlines for filing the asset inventory–typically 30-90 days after your appointment. Miss it, and you may need to petition for an extension, potentially raising questions about your management of the estate.

Forgetting to Notify Creditors Properly

If you don’t publish the required creditor notice and send direct notices to known creditors, the claims period may never start–or you could be personally liable for debts paid after the deadline should have passed.

Losing Track of Which Institution Has Which Document

You’ll send documents to multiple institutions. Some keep them, some return them. Maintain a log of what you sent where, when, and whether it was returned. This saves hours of confusion later.

How Technology Helps With Estate Documents

Managing estate documents traditionally meant manila folders, spreadsheets, and hoping you didn’t miss something important buried in a stack of paperwork. Modern tools can simplify this significantly.

Document processing: AI-powered tools can read estate documents and extract key information automatically–account numbers, beneficiaries, policy details–saving hours of manual data entry.

Asset inventory generation: Instead of building your inventory from scratch, technology can compile information from the documents you upload into a structured inventory format.

Missing document alerts: Smart systems can flag when expected documents are missing. If you’ve uploaded bank statements but no corresponding account closing documentation, you’ll get a reminder.

Beneficiary communication: Keeping beneficiaries informed builds trust and reduces conflict. Tools that provide a shared view of estate progress help everyone stay aligned without requiring constant phone calls and emails.

Key Takeaways

Estate documents don’t have to be overwhelming. Here’s what matters most:

Letters Testamentary is your key–nothing significant happens until you have it
Order 10-15 certified death certificates upfront to avoid delays
The original will is essential–start looking for it immediately
Track everything you send–institutions will lose documents, and you need records
Meet your deadlines–inventory filing and creditor notices have strict timelines
When in doubt, get certified copies–they’re worth the extra cost

Your Next Step

Start with the essentials: locate the original will and order death certificates. Everything else builds from there.

If the document mountain feels overwhelming, you don’t have to figure it out alone. Entrusted helps executors make sense of estate documents–reading them, extracting what matters, and organizing everything in one place. You focus on honoring your responsibility. We handle the paperwork.